Normal Wear and Tear vs Damage, and What Damage Costs
Hardly any state defines it, so the test is how it happened. And even real damage is charged at its remaining value, not at the price of a new one.
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Almost no state defines normal wear and tear in its statute. That is why every guide on this subject gives you the same list of examples and none of them tells you what to do when your situation is not on the list.
There is a test that works, and there is a second question that matters more than the first one and that hardly anybody raises: even when the damage is real, what it is allowed to cost you.
The test: how it happened, not how it looks
Wear is gradual, inevitable and caused by ordinary use. Damage is sudden, avoidable, or caused by neglect. The same mark can be either, and the difference is the story behind it rather than its size.
| Usually wear | Usually damage |
|---|---|
| Carpet worn thin in doorways and walking lines | A burn, a tear, a pet stain soaked through to the underlay |
| Paint faded by sunlight; small nail holes | Crayon, smoke staining, large patched holes |
| Scuffed skirting, loose hinges, sticking windows | A broken window, a door off its frame |
| Grout discoloured with age; limescale | Mould from months of never opening a window |
| Worn worktop finish, faint scratches | A burn mark, a chip from a dropped pan |
Two rules survive everywhere. Repainting between tenants is maintenance, not a deduction, unless you damaged the walls. And a landlord cannot charge you for a condition that was already there, which is the whole reason the move-in checklist is worth the twenty minutes.
Even real damage is not charged at full price
This is the part that is missing from almost every page on the subject, and it is often worth more than the wear-and-tear argument itself. Things have a useful life. A landlord replacing a carpet you damaged does not get a new carpet at your expense — they get the value you took off the old one.
replacement cost × (years of life left ÷ total useful life)
A $1,200 carpet with a ten-year life, damaged in year eight: two years remain, so the most that is defensible is $1,200 × 2÷10 = $240. Not $1,200.
And once something is past its useful life, its remaining value is zero. A twelve-year-old carpet with a ten-year life cannot support a deduction at all, however it looks on the way out.
The argument is over the lifespan rather than the principle. Sources differ widely — the IRS treats carpet as five years under its general system and nine under the alternative one in Publication 527, and property guides commonly quote five to ten. Ask the landlord how old the item was and what life they assigned it. A statement that charges full replacement cost and cannot answer that question is the one to dispute first.
Working a charge out
- Is it wear? If it came from living there normally over time, say so and stop.
- Was it already there? Your move-in record settles this one on its own.
- How old was the item? Ask in writing. They should know, and if they do not, the charge is a guess.
- Does the figure reflect its age? If they billed you for a new one, the number is wrong even where the damage is not in dispute.
After that it is the usual sequence: check what they are allowed to deduct at all, check the date the statement arrived, and if it goes nowhere, put it in a demand letter.
This page explains general rules and is not legal advice. Few states define wear and tear, useful-life figures vary by source, and what a court accepts depends on your evidence.
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